119 Cited authorities

  1. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,278 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,147 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  3. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,083 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad
  4. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,535 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,744 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  6. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,861 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  7. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,687 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  8. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,395 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"
  9. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,637 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
  10. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,465 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,373 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,916 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,524 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  15. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,310 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims
  16. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,017 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
  17. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,687 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  18. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,363 times   36 Legal Analyses
    Adopting the definition given in Section 551
  19. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,049 times   24 Legal Analyses
    Granting judicial review of "agency action"
  20. Section 7292 - Review by United States Court of Appeals for the Federal Circuit

    38 U.S.C. § 7292   Cited 1,714 times
    Granting this court "exclusive jurisdiction to review and decide any challenge to the validity of any ... regulation or any interpretation thereof" by the Veterans Court
  21. Section 3.303 - Principles relating to service connection

    38 C.F.R. § 3.303   Cited 90 times
    Describing principles relating to service connection
  22. Section 3.103 - Procedural due process and other rights

    38 C.F.R. § 3.103   Cited 85 times
    Providing that the VA has the "obligation" to "assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government"
  23. Section 17.36 - Enrollment-provision of hospital and outpatient care to veterans

    38 C.F.R. § 17.36   Cited 5 times

    (a)Enrollment requirement for veterans. (1) Except as otherwise provided in § 17.37 , a veteran must be enrolled in the VA healthcare system as a condition for receiving the 'medical benefits package' set forth in § 17.38 . Note to paragraph (a)(1): A veteran may apply to be enrolled at any time. (See § 17.36(d)(1) .) (2) Except as provided in paragraph (a)(3) of this section, a veteran enrolled under this section and who, if required by law to do so, has agreed to make any applicable copayment is

  24. Section 20.711 - Rule 711. Hearings in simultaneously contested claims

    38 C.F.R. § 20.711   Cited 1 times

    (a)General. If a hearing is scheduled for any party to a simultaneously contested claim, the other contesting claimants and their representatives, if any, will be notified and afforded an opportunity to be present. The appellant will be allowed to present opening testimony and argument. Thereafter, any other contesting party who wishes to do so may present testimony and argument. The appellant will then be allowed an opportunity to present testimony and argument in rebuttal. Cross-examination will